Search results
Results from the WOW.Com Content Network
Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
The Illinois Secretary of State serves as the ex-officio Clerk of the Court of Claims. [3] Judges on the Court of Claims are appointed by the Governor of Illinois and confirmed by the Illinois Senate. In 1987, state legislation increased the number of judges on the Illinois Court of Claims from five judges to seven judges. [4]
A Warrant of Restitution is a court order [1] which empowers a property owner to use court bailiffs to enforce a possession order which was gained previously. [ 2 ] A common use of such a warrant is for a landlord to remove tenants which have re-entered the property after eviction. [ 3 ]
Restitutio ad integrum is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed.
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
Initially, the court was not within any existing judicial circuit, and appeals from the court were taken directly to the United States Supreme Court. In 1837, Congress created the United States Court of Appeals for the Seventh Circuit, placing it in Chicago, Illinois and giving it jurisdiction over the District of Illinois, 5 Stat. 176. [5]
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.